BRIJESH KUMAR Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) PETITIONER has approached this Court against the impugned judgment dated 14.11.2014 passed by the learned Additional Sessions Judge, Chandigarh, whereby his conviction recorded by the learned Judicial Magistrate First Class, Chandigarh, vide judgment of conviction dated 9.8.2012 was upheld, however, his sentence was reduced from one year's rigorous imprisonment to six months under Section 304 -A IPC.

(2.) BRIEF facts of the prosecution case are that a wireless message was received in the police station regarding an accident at the round about of Sector 20/30 and Sector 32/33, Chandigarh. Upon receiving such information, SI Karnail Singh along with other police officials reached at the spot where Ramesh Chand S/o Sh. Hari Krishan, resident of House No. 374, Sector -4, Panchkula met him and got recorded his statement to the effect that his real brother -in -law namely Surinder Kumar Goyal S/o Gian Chand was partner in Bhavneesh Sharma and Associates and was Chartered Accountant by profession. On 16.9.2003, he had come to meet him at his office at SCO No. 47, Sector 20, Chandigarh and after the office hours, they left for their house. They crossed the round about of Sectors 20/30 and 32/33 and reached at Chandigarh -Ambala road where buses used to halt. He was standing on the footpath of the road, whereas his brother -in -law was standing at the side of the road. At about 7.15 p.m., bus of Haryana Roadways bearing registration No. HR -39 -8387 came there being driven by its driver in rash and negligent manner at a very high speed and without blowing horn came and hit against his brother -in -law. Due to the impact, he fell down and bus passed over him. Alarm was raised upon which driver of the bus stopped the bus. Surinder Kumar Goyal died at the spot. Bus driver came to him and disclosed his name as Brijesh Kumar R/o House No. 11, Vivek Vihar, Hisar, Haryana i.e. present accused. Somebody had informed the police and it reached at the spot. He had further stated that accident in question occurred due to rash and negligent driving of the accused. Upon such statement of the complainant, FIR under Section 279/304 -A IPC was registered against him. Investigating Officer inspected the spot and prepared the rough site plan of place of occurrence. Accused was arrested at the spot.

(3.) BUS in question was also taken into police custody. Post mortem of the deceased was got conducted. Statement of the witnesses were recorded. On completion of investigation, challan was prepared and was presented in court;